New Jersey Gun Reform Law Questioned In Court

Present day

On 7th June 2023, a court of appeals of the United States of America continued discussions regarding a legal dispute over gun laws. The New Jersey appeals court went on the discuss the new law, which would enable the initiation of lawsuits against firearms dealers and manufacturers. This new piece of legislation states that this was a necessary step to ensure public safety. 

Background

The federal law of the United States apparently has a loophole that allows manufacturers and sellers of firearms to dodge liability. This new New Jersey gun law aims to address that. 

Parties of interest: The initial lawsuit was launched by the national shooting Sports Foundation. A third US Circuit Court of Appeals in the state of Philadelphia was a witness to this hearing. This Foundation launched the case on the basis that this new statute was in clear violation of federal law.

Court says

Judge Hardiman of the Circuit Court has stated that some sections of this statute indeed went against the Protection of Lawful Commerce in Arms Act, a federal law. However, he also stated that the legal challenge posed by the lawsuit was premature in nature. The state of New Jersey has not yet filed anything against the arms and ammunition industry. There were some concerns in the panel of judges in the appellate court. 

Mr. Erin Murphy stood as the advocate of the arms and ammunition industry. Judge Hardiman asked Mr. Murphy to wait and find out what the case would look like. The judge asked him to wait and consider whether the Attorney General of the state was indeed acting in accordance with the terms of the PLCAA.

Another esteemed member of the Judges’ panel also held a similar opinion. Judge Bibas opined that in the absence of a case, the court of law could end up stating a whole “bunch of things” which could be considered. 

Mr. Murphy has brought to the court notice that similar lawsuits were filed against the gun industry in New York against a similar law that was passed. He assured that his client’s claims were not merely hypothetical. The court was to decide whether this new statute went against the PLCAA federal law. 

The law in question was fast in the state of New Jersey earlier in 2022. However, it was not functioning ever since a district court blocked it. Multiple laws are being pushed into the system, which could be considered a hindrance to the gun makers of the nation. Illinois, Hawaii, Colorado, and Washington are some of the states that have seen a recent gun reform push.